To weld Originalism to historical practice as Alito did in Dobbs might founder in an attempt to annul Sullivan. The press in the early Republic was partisan, vicious and demonstrated little regard for truth. A passing familiarity with the press treatment of the Adams Jefferson Presidential contest leaves little justification that the F…
To weld Originalism to historical practice as Alito did in Dobbs might founder in an attempt to annul Sullivan. The press in the early Republic was partisan, vicious and demonstrated little regard for truth. A passing familiarity with the press treatment of the Adams Jefferson Presidential contest leaves little justification that the Founders regarded slander as a cause to suppress the press. Then again, only the little people need be constrained by consistency.
To weld Originalism to historical practice as Alito did in Dobbs might founder in an attempt to annul Sullivan. The press in the early Republic was partisan, vicious and demonstrated little regard for truth. A passing familiarity with the press treatment of the Adams Jefferson Presidential contest leaves little justification that the Founders regarded slander as a cause to suppress the press. Then again, only the little people need be constrained by consistency.